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(영문) 인천지방법원 2020.10.22 2020가단201537
손해배상(기)
Text

The defendant's KRW 20,000,000 and about this, 5% per annum from April 1, 2020 to October 22, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 1998, the Plaintiff is a legally married couple who completed a marriage report with C on November 6, 1998, and has two children between C and C.

B. The Defendant committed an unlawful act by entering C from around B, in 2016, to the relation of sexual intercourse.

[Ground of recognition] A without dispute, entry of evidence of subparagraphs 1 through 7 (including branch numbers), the purport of the whole pleadings

2. Determination:

A. (1) A third party’s liability for damages shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the married couple’s communal living, etc. A third party’s unlawful act with either side of the married couple, thereby hindering a married couple’s communal living falling under the essence of marriage. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the right as the spouse’s right, thereby causing emotional distress to the spouse

(2) According to the above facts of recognition, the Defendant committed an unlawful act with the knowledge that C is a spouse, thereby infringing upon the Plaintiff’s spouse’s right as his/her spouse by interfering with it, and it is apparent in light of the empirical rule that the Plaintiff suffered emotional distress due to the Defendant’s unlawful act, and thus, the Defendant is obliged to compensate for the Plaintiff’s emotional distress.

B. Furthermore, considering all the circumstances revealed in the argument of the instant case, including the scope of liability for damages and the period of marital life of the Plaintiff and C, family relationship, and the period during which the Defendant continued to commit an unlawful act, it is reasonable to determine the amount of consolation money as KRW 20,000,000.

C. Accordingly, the defendant is not liable to pay to the plaintiff 20,000.

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